DCF Hearings - Frequently Asked Questions (FAQs)

Q. What is a fair hearing?

A. A fair hearing is very similar to a trial
in court with witnesses, exhibits, and rules of evidence. The hearing is your
chance to tell your side to an impartial Presiding Officer. The hearing is tape
recorded. The recording will become part of the official record of your case.

Q. How do I request a fair hearing?

A. The local DCF office will explain the
hearing procedure and supply you with the necessary forms. If requested, staff
at the local office will assist you in filling out the forms and mailing them
to the Office of Administrative Hearings. A fair hearing request must be received
within 30 days of the decision or final action you want reviewed. Send your written request to the address
indicated on the notice you received. A fair hearing
request for food assistance only must be received within 90 days of the decision or
final action you want reviewed.

Q. When will the hearing be held and how will I be notified of the
hearing date?

A. Generally, the hearing is held within 45
days after your request is filed with the agency. Notice of the date, time, and
place of the hearing will be sent to you at least 10 days before the hearing.

Q. Where will the hearing be held?

A. Hearings are usually held at your local or area DCF
office. The hearing may be conducted by telephone.

Q. May I review the information relied upon by the agency in making
the decision or taking the final action?

A. Yes. You or your representative may review such
information at your local DCF office prior to the hearing date.

Q. What will I need to bring to the hearing?

A. Please bring a copy of the summary statement sent to you,
which outlines the facts of your case.
You may bring any other information that you think will help to prove that the
agency's decision or final action was incorrect.

Q. May I bring an attorney or other representative to the
hearing?

A. Yes. You may have an attorney and in some instances, you may have a non-attorney represent
you at the hearing. If you have a question, you should contact the presiding officer handling your case. The attorney or other representative will be at your expense.
If you hire an attorney, he or she must be licensed in the State of Kansas and enter their appearance on your behalf prior to the hearing.

Q. May I bring a witness to the hearing?

A. Yes. You may bring any person with you to the hearing
who has relevant information about your case.

Q. Can witnesses be subpoenaed?

A. Yes. The Presiding Officer can issue a subpoena that
requires the subpoenaed person to attend the hearing. If you want a subpoena
issued, you must make a written request to the Presiding Officer of the
witness's name and address at least 7 days before the hearing. You will be responsible for serving the subpoena on the witness and any costs associated with the witness attending the hearing.

Q. Who conducts the fair hearing?

A. A Presiding Officer from the Office of Administrative
Hearings conducts the hearing.

Q. Does the Presiding Officer represent me or the agency?

A. Neither. The Presiding Officer is impartial and he or she
will enter an initial order based upon what is presented by the agency and by you.

Q. If I am dissatisfied with the initial order of the Presiding Officer,
what is the next step?

A. You may request a review in writing and send it to the State
Appeals Committee, 1020 S. Kansas Avenue, Topeka,
Kansas 66612-1327, within 15 days of the initial order. Your request should include
the specific reasons why you feel that the initial order was in error. There will not be another hearing. The State Appeals Committee will review the record of the hearing, the initial order and your reasons for appeal.

Q. What is the State Appeals Committee?

A. It is a three-member panel made up of individuals from the agencies involved. These individuals have knowledge of the agency's programs and policies. They will review the presiding officer's initial order and the reasons for the appeal. The State Appeals Committee will issue a final order.

Q. If I am dissatisfied with the final order of the State Appeals Committee,
what is the next step?

A. You may file a petition for review with the district court
clerk in the county in which the order or agency action you are appealing was issued
pursuant to K.S.A. 77-601 et. seq.

Other Hearings - Frequently Asked Questions (FAQs)

Q. What is an administrative hearing?

A. An administrative hearing is very similar to a trial
in court with witnesses, exhibits, and rules of evidence. The hearing is your
chance to tell your side to an impartial Presiding Officer. The hearing is
recorded. The recording will become part of the official record of your case.

Q. How do I request an administrative hearing?

A. Send your written request for a hearing to the address
indicated on the notice you received. It must be received within the time period
stated on the notice.

Q. What should my request include?

A. Be sure to include your full name, address, telephone number, a copy of the notice from which you are appealing, the agency name and a description of the action you are appealing. If at any time during the appeal process your address changes, it is your responsibility to provide that address change to the Presiding Officer.

Q. When will the hearing be held and how will I be notified of the
hearing date?

A. Notice of the date, time, and
place of the hearing will be sent to you at least 10 days before the hearing.

Q. Where will the hearing be held?

A. Hearings are usually held in Topeka. Portions of the hearing may be conducted by telephone.
Appear on time to your hearing with your witnesses (if any) and documents.

Q. May I review the information relied upon by the agency in making
the decision or taking the final action?

A. You may request to review such information prior to the hearing date.

Q. What will I need to bring to the hearing?

A. You may bring any other information you think will help to prove that the agency's decision or final action was incorrect. Please review your Notice of Hearing for any deadlines imposed on providing copies of documents you intend to offer at the hearing.

Q. May I bring an attorney to the
hearing?

A. Yes. You may have an attorney represent you at the hearing. The attorney will be at your expense. If you hire an attorney, he or she must be licensed in the State of Kansas and enter their appearance on your behalf prior to the hearing.

Q. May I bring a witness to the hearing?

A. Yes. You may bring any person with you to the hearing that has information about your case. You should notify the Presiding Officer in advance, in the event arrangements need to be made to assist in providing their testimony.

Q. Can witnesses be subpoenaed?

A. Yes. The Presiding Officer can issue a subpoena that requires the subpoenaed person to attend the hearing. If you want a subpoena issued, you must make a written request to the Presiding Officer of the witness's name and address prior to the hearing. You are responsible for serving the subpoena and complying with all witness fees and expenses.

Q. Who conducts the fair hearing?

A. A Presiding Officer from the Office of Administrative
Hearings conducts the hearing.

Q. Does the Presiding Officer represent me or the agency?

A. Neither. The Presiding Officer is an administrative law judge, who is an impartial individual. He or she will enter an initial order based upon what is presented by the agency and by you at the hearing.

Q. If I am dissatisfied with the initial order of the Presiding Officer,
what is the next step?

A. You may request a review in writing. The Initial Order will indicate the agency head to whom a request for review should be addressed. Observe any deadline mentioned in your order. Further appeal rights will be outlined in the initial order. The agency head will issue a final order indicating their decision.

Q. If I am dissatisfied with the final order issued by the Agency Head, what is the next step?

A. You may file a petition for judicial review pursuant to K.S.A. 77-601 et. seq.

Q. What is the most frequent mistake made by individuals during the administrative hearing process?

A. Failing to read the notices and documents issued as part of the hearing process. Read everything you receive very carefully.